The consumer’s issue:
“I visited a dealership to purchase a car with specific features which I need for work, which are namely electric folding wing mirrors, rear privacy glass and parking sensors. I was shown a demo vehicle which had all the necessary features.
However, when my car was delivered I was disappointed to discover that none of the requested features where included. The dealership states that I will have to pay extra if I want the features retrofitted.
I was mis-sold this vehicle because I would not purchase a car which does not have the features which I need for my job. Therefore, I am requesting that I am provided with a replacement vehicle with all the required features.”
The accredited business’ response:
- As demonstrated by the order form and invoice signed by the consumer, the customer was not assured, nor was it a term of our agreement, that the vehicle would have electric folding wing mirrors, rear privacy glass or rear sensors.
- The order form does not mention these ‘extras’, and the terms and conditions of the document state that any additional terms must be detailed on the order form.
- Furthermore, the consumer had the opportunity to fully inspect the vehicle (and was shown its features) when they came to collect the car.
- The handover sheet, signed by the customer, states that they were completely satisfied with the vehicle and its features.
- Given that it would have been immediately apparent that the vehicle did not have folding wing mirrors, rear privacy glass or rear sensors, had the consumer been expecting these features, they would not have agreed to take delivery of the vehicle, let alone sign a handover sheet stating there were completely satisfied with it.
- Notwithstanding the above, we have offered to retrofit rear sensors as a goodwill gesture, and could arrange for the glass to be tinted as a further goodwill gesture simply to bring this matter to a close.
- This goodwill offer is made with no admission of liability.
The adjudication outcome:
- The adjudicator as an independent party, who was not present during the conversations between the two parties, must make a decision based on what they think is most likely to have happened, taking into account the evidence presented by the business and the customer.
- The signed vehicle order form did not show the consumer ordered a vehicle with electrical folding wing mirrors, rear privacy glass or parking sensors.
- Therefore, the adjudicator was unable to hold the dealership in breach of contract and rule in favour of the consumer.
- The adjudicator recommended to the customer that they accept the goodwill offered by the business in full and final settlement of the dispute.
- The customer and accredited business accepted the outcome as recommended by The Motor Ombudsman adjudicator, and the case was closed.